Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Carrying Under the Influence
Updated
Carrying a Dangerous Weapon While Under the Influence in Utah
Statute Reference
Utah Code § 76-11-217 — Carrying a dangerous weapon while under the influence of alcohol or drugs(Effective 5/7/2025 — Renumbered and Amended by Chapter 208, 2025 General Session)
Offense
A person commits this offense if they:
Carry a dangerous weapon that is readily accessible for immediate use; AND
Are under the influence of:
Alcohol — as determined by blood or breath alcohol concentration in accordance with Utah Code §§ 41-6a-502(1)(a) through (c) (the same DUI standards); OR
A controlled substance — as defined in Utah Code § 58-37-2
Penalty
A violation is a Class B misdemeanor.
Exceptions
The law does not apply to:
Self-defense — An actor who uses or threatens to use force in compliance with Utah Code § 76-2-402 (justification for use of force).
In a residence — An actor carrying a dangerous weapon in their own residence or in another individual's residence with the consent of the person lawfully in possession of that residence.
Medical cannabis users — An actor under the influence of cannabis or a cannabis product (as defined in § 26B-4-201) if their use complies with Title 26B, Chapter 4, Part 2 (Cannabinoid Research and Medical Cannabis).
Valid prescription holders — An actor who:
Has a valid prescription for a controlled substance;
Takes the controlled substance as prescribed; AND
After taking the substance, is either not a danger to themselves or others, OR is capable of safely handling a dangerous weapon.
Not a Defense
The following are explicitly not defenses to prosecution under this section:
Having a wildlife/hunting license
Having a concealed carry permit (§ 53-5a-303)
Having a provisional concealed carry permit (§ 53-5a-304)
Having a temporary concealed carry permit (§ 53-5a-305)
Having a concealed carry permit lawfully issued by another state
Being 21 years old or older and otherwise lawfully permitted to carry a concealed loaded firearm without a permit (§ 53-5a-101.5)
Key Takeaways for Permit Holders
A concealed carry permit does not protect you from prosecution for carrying while under the influence.
Utah's permitless carry law (for those 21+) also does not provide a defense.
The alcohol threshold is tied to the same standards used for DUI offenses under § 41-6a-502.
The law applies to any dangerous weapon, not just firearms.
Pending Legislation
Proposed 2026 General Session legislation may affect § 76-11-217: H.B. 301 / H.B. 301 S1.
Browse local instructors offering state-approved training in your area. Book online, complete your training, and get one step closer to your concealed carry permit.